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Bombay High Court Allows Writ Petition Under Article 227 Challenging Rejection of Secondary Evidence Application. Court sets aside trial court order and permits plaintiffs to lead secondary evidence of lost agreement under Section 65 of Indian Evidence Act, 1872.

The petitioners, Om Health Centres Pvt Ltd and its director N. Prabhakar Rao, filed a writ petition under Article 227 of the Constitution of India cha...

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Bombay High Court Dismisses Employer's Petition Challenging Gratuity Award — Delay in Filing Application Not Barred Under Payment of Gratuity Act, 1972. Limitation Under Section 7(7) Applies Only to Appeals, Not to Original Applications for Gratuity.

The petitioners, the Maharashtra State Cooperative Tribal Development Corporation Ltd. and its officers, challenged the order of the Controlling Autho...

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Bombay High Court Dismisses MSRTC's Petition Challenging Industrial Court's Reinstatement Order in Forgery Case. Industrial Court's Power to Grant Reinstatement Without Remand Under Section 44 MRTU & PULP Act Upheld as Enquiry Findings Were Perverse.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the order of the Industrial Court which, in revision under Section 44...

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Bombay High Court Dismisses Petition by Employer Challenging Industrial Court's Order Granting Permanency to Contract Labourers. Employer-Employee Relationship Established Despite Contractor Deployment Under MRTU and PULP Act, 1971.

The petitioner, M/s Uni Klinger Ltd., challenged the judgment of the Industrial Court, Ahmednagar dated 28.08.2003, which allowed complaints filed by ...

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Bombay High Court Dismisses Petition Challenging Appointment of Traffic Manager in Mormugao Port Trust — Petitioner Failed to Establish That Appointee Lacked Requisite Experience in Feeder Grade Under Recruitment Rules.

The petitioner, Shri Yamanappa Ramachandrappa Belagal, was appointed as Senior Traffic Manager in Mormugao Port Trust in 2011. In December 2013, a vac...

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Bombay High Court Dismisses Petition Challenging Appointment of Traffic Manager in Mormugao Port Trust — Petitioner Failed to Establish Eligibility Criteria Violation. Selection Committee's Assessment of Experience and Grading Found to Be Within Bounds of Recruitment Rules.

The petitioner, a Senior Traffic Manager at Mormugao Port Trust, challenged the appointment of respondent no.3 as Traffic Manager (HOD) by letter date...

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Bombay High Court Partially Quashes Reinstatement Order in Misappropriation Case — Full Back Wages Set Aside for Lack of Evidence. Labour Court's grant of 100% back wages without evidence held mechanical and unsustainable under Industrial Disputes Act, 1947.

The petitioner, Nanded District Central Cooperative Bank, challenged the judgment of the Labour Court, Nanded dated 18.10.2013, which allowed Complain...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Construction Contract Dispute. Court Holds That Arbitrator's Findings on Contract Rescission and Quantification of Damages Are Not Open to Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, arising from a construction contract dispute. ...

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Bombay High Court Allows Writ Petition Challenging Denial of Promotion to Branch Manager in Shabari Tribal Financial Development Corporation Ltd. — Held that Petitioner's Candidature for Promotion to Class-I Post Must Be Considered as Per Recruitment Rules.

The petitioner, Shridhar Sambhaji Dhale, possessed a Master's degree in Commerce and joined as Junior Assistant in 1979 with the Maharashtra State Co-...